SCOTLAND’S unique not proven verdict is set to be scrapped in the next parliament because it is too “confusing”, Humza Yousaf has announced.
The Justice Secretary said that if the SNP was re-elected in May it would consult on the removal of the verdict after evidence it caused victims of crime “significant distress”.
The Scottish Tories accused Mr Yousaf of trying to make up for 14 years of "empty promises" and "inaction" on reforming criminal justice.
Dubbed Scotland’s “bastard verdict” by Sir Walter Scott, not proven is a second form of acquittal alongside not guilty.
The Scottish Tories last week said they would end the Not Proven verdict as part of their election pitch, as did the Scottish Greens.
Nicola Sturgeon, a lawyer by training, agreed at the weekend it should be “looked at”.
In a Holyrood election speech today, Mr Yousaf said 2019 research had found jurors could be confused by having not proven and not guilty as possible acquittals.
He said: “Scotland has a unique system with three verdicts, guilt, not guilty and not proven.
“The research made it clear that the ‘Not Proven’ verdict can cause confusion for many jurors. We have heard from both victims of crime and those accused of crimes that a Not Proven verdict causes significant distress.
“In recognition of the strong case that has been made for its abolition, we will consult on the removal of the Not Proven verdict.
"We will work with all parties and with relevant stakeholders to take forward reform of Scotland’s justice system.
“The SNP government is on your side and on the side of our communities.
“We will use all our experience to do whatever we can to keep Scotland safe, and continue to cut crime and help victims.”
Mr Yousaf, who is standing for re-election in Glasgow Pollok, also announced that a new SNP government would pass legislation to appoint a Victims Commissioner for Scotland.
He said the Commissioner would act as an independent voice for victims and witnesses, and tackle the Government and justice system over any failings.
He said: “Where necessary they will provide challenge to Government, and those across the Justice system, if there are steps we need to take to improve a victim’s justice journey.
“We will develop a new funding regime for victim support organisations and introduce a justice-specific knowledge and skills framework for trauma informed practice.
“We will also put forward changes to the justice system itself to help victims.
“Our justice system has many strengths, but we should always be prepared to question whether it can be improved.”
After the 2019 research came out, a series of senior criminal lawyers defended the not proven verdict.
Brian McConnachie QC said that “in the vast majority of cases, those of us involved in the criminal justice system believe that juries get it right”.
Scottish Tory justice spokesman Liam Kerr said: "The SNP’s record of empty promises and inaction on putting victims first speaks for itself.
“Now their big solution to fixing our broken justice system is a recycled a policy from the SNP’s 2019 Programme for Government and a U-turn on a Victims Commissioner role that they previously rubbished as a waste of funds.
“Humza Yousaf had to cherry-pick statistics on violent crime because for the last five years, it’s been rising under the SNP.
“Only after pressure from the Scottish Conservatives are the SNP now considering a U-turn on the not proven verdict, which statistics show has a disproportionate impact on victims of sexual assault.
“The only time the SNP recognise soft-touch justice is in an election campaign. They’ve let victims of crime down time and time again.
“They’ve paid out less than a fifth of a flagship fund for victims, which they took five long years to set up.
“Their disastrous record on justice shows why we need a Victims Law to finally start giving victims the voice they deserve, instead of letting criminals off lightly."
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